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MATTER OF FIORE v. McCALL

251 A.D.2d 940 (1998)

674 N.Y.S.2d 856

In the Matter of Donald P. Fiore, Petitioner, v. H. Carl McCall, as New York State Comptroller, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 25, 1998

Mikoll, J. P.

The burden of proof in petitioner's claim for disability retirement benefits was upon petitioner. He was required to establish that he sustained an "accident" and that he was incapacitated from performing his duties as the natural and proximate result of the accident (see, Retirement and Social Security Law § 363). Though "accident" is not defined in the law, court decisions have given...

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